COMPENSATION COURT.

Dominion, Volume 7, Issue 2004, 11 March 1914, Page 5

COMPENSATION COURT.

SEPTIC TANK AT KAIWARRA,

IS IT A NUISANCE?

A large part of the borough of Karori—comprising some 325 acres —is now drained into a septic tank near Kaiwarra, and, whilo this drainage scheme is no doubt a blessing to the residents of tbo part of Karori mentioned, it is alleged to bo little short of a. nuisance to property owners in tho Kaiwarra portion of the borough, of Onslow. The recent completion of the scheme has been followed by a claim for compensation, under the Public "Works Act, 1908, which came on for hearing yesterday. The Court set up to hear the claim consisted of Mr. Justice Koskiiig (president), and Messrs. C. B. Morison, K.C., and L. H. B. Wilson (assessors). Tho claimants in tho action are John Holmes and Jonah Harris, who earjy on business as tanners at Kaiwarra under tho trade name of Hirst and Co. The defendant is tho Wellington City Corporation.

Mr. A. Gray/K.C., with-Mr. O.'.N. Beere, is appearing for Holmes and Harris, while tho City Solicitor (Sir. J. O'Shea) is appearing for the corporation. Tho claim.is for £810, and is made up as follow:—Land taken under proclamation (1 rood 7.02 perches), £560; other land injuriously affected by (a) laying of sewago and drainage pipes, £100; (b) deprivation of access, £80; and (c) depreciation in value, £100. Mr. Gray, opening for claimants yesterday, explained that under the Wellington and Karori Sanitation and Water-supply Act, 1912, certain land (some 325 acres) within tho watershed of the Kaiwarra Stream, in tho borough of Karori, had been vested in the Wellington City Corporation for the. purposes of drainage, waterworks, and water-supply. It had been decided that this part of tho borough was to be drained into a septic tank, which was built on tho area of land taken from' the claimants. Tho land was acquired by proclamation in 1912, and the work was begun in tho middle of last year, and completed some few months ago. The claim for the value of land was , based on a rate of £3 10s. per foot frontage to tho road, and, in this connection, counsel mentioned that, not long since, Messrs. Levin and Co. had ■paid £25 per foot for land on tho other sido of tho road. Mr. Gray went on to namo grounds for the claims re laying pipes and deprivation of access, and finally dealt with tho question of depreciation in- value, which ho stated was partly duo to interference with water rights, tho claimants making use of a dam for their mill, which had been known to exist , since 1845 and which, in ono of Wakefield's brooks, was said .to. have been on the sito as- far back as 1842. As another cause of depreciation in value ho mentioned tho stench which was reported to bo troublesome in tho vicinity of tho septic tank, and which had already • resulted in tho residents making complaints to the Onslow Borough Council.

. Mr. O'Sliea objected to Mr. Gray opening .as to residents'-, complaints nnloss.it were intended to .call residents to I give evidence;.*/ ■..■-iin.-'- ■)■ ■ i ' ■

'' His Honour said that counsel would ho entitled to.call one or two , residents if thought fit, .. , . i

3fr.' Gray indicated that it was his intention'' to do. so. Ho proceeded to refer to the construction of the.septic tank, stating that tho stench was supposed to ariso from a defect in tho fittings to tho coverings of the manholes. Tho position of affairs would bo moro clearly understood if tho Court could visit tho scene in company with counsel and tho engineers on cither side. .

His Honour replied that ho .would prefer to make tho, visit, as suggested by counsel, as ho himself was not acquainted with the. locality.

It was agreed that tho trip to Kaiwarra should bo made before tho hearing of. evidence, and the case was accordingly . adjourned. until 10 o'clock t'liiii morning.